20170555 Ver 1_WRC Comments_20170526

Strickland, Bev
From:
Dunn, Maria T.
Sent:
Friday, May 26, 2017 12:29 PM
To:
Bodnar, Gregg
Cc:
Scarbraugh, Anthony; Staples, Shane
Subject:
Frank Fortesque denial, Hyde County
Attachments:
CMDF -Frank Fortesque_NCWRC.pdf
G regg,
Please accept the attached as comments from NCWRC for the above project. If there are any comments or questions,
please do not hesitate to call.
Thank you.
Maria
Maria T. Dunn
Coastal Coordinator
NC Wildlife Resources Commission
943 Washington Sq. Mall
Washington, NC 27889
office: 252-948-3916
fax: [phone]
www.ncwildlife
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.

North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
MEMORANDUM
TO: Gregg Bodnar
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: David R. Cox
Habitat Conservation Division
DATE: May 26, 2017
SUBJECT: CAMA Dredge/Fill Permit Application for Frank Fortesque, Hyde County, North
Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located off Puddin
Hill Road (SR 1152) on the channelized headwaters of Smith Creek off the Pungo River near Scranton,
NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act
(G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as
amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
The applicant proposes to remove alligator weed, woody debris, and sediment by dredging 1480' of the
headwaters of Smith Creek. This area was channelized over 30 years ago and has received no
maintenance to improve water flow except for a 2012 Hyde County snagging event after Hurricane Irene
that was conducted by watercraft. Along 600' of the project area there is a contiguous remnant spoil area
where the excavator would sit and spoil would be placed. The remaining 880' has no spoil area. The
applicant is proposing to place material in a manner to create a spoil berm and equipment road with eight
10' breaks to allow flow. Final water depths within the system are proposed to be -2' NWL, removing
approximately 1098 CY of sediment from the system. Since a significant portion of the project is adjacent
coastal marsh and Section 404 wetlands, the applicant detailed that 816.5 CY of material, filling 0.38 acre
of coastal marsh and 0.09 acre of Section 404 wetlands, would be placed alongside the stream channel. A
state and federal agency scoping meeting was held on April 20, 2106 in the NC Department of
Environmental Quality Washington Regional Office. Since the time of the scoping meeting, the applicant
has reduced the amount of wetland area to be filled from 0.85 acre by narrowing the base of the spoil pile
through design and reduction of total material removed. This area of Smith Creek is classified SC NSW
by the Environmental Management Commission and is subject to the NC Division of Water Resource's
Tar / Pamlico Buffer Rules.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

CMDF Frank Fortesque Page 2 May 26, 2017
The NCWRC has reviewed the permit application and has significant concern with the project as
proposed due to the permanent impacts the project will have on wetlands and loss of wildlife habitat. A
variety of wildlife forage, nest, and roost in coastal marshes. Coastal wetland vegetation provides cover
for wildlife and serves as a buffer from the adjacent agricultural areas. Mammals such as the river otter
(Lutra canadensis), muskrat (Ondatra zibethicus), and raccoon (Procyon lotor) use this area to forage and
as a protective corridor to traverse from one area to another. Great blue heron (Ardea herodias), black
duck (Anas rubripes), pintail (Anas acuta), and a variety of other wading birds and waterfowl forage on
and among coastal wetland vegetation while numerous song birds including marsh wren (Cistothorus
palustris) and hermit thrushes (Catharus guttatus) depend on these areas to forage, roost, and nest.
Alteration of this habitat would restrict use of this area to species tolerant of disturbance. While we
appreciate the applicant's consideration of agency concerns presented during the April 2016 scoping
meeting and the overall reduction of wetland impacts, we believe the project can further demonstrate
avoidance and minimization of coastal marsh impacts to avoid the significant coastal impacts as
proposed. Please note the following:
The project as proposed is a non -water dependent activity. Water dependent projects include
boating access area or shoreline stabilization, which typically have minimal impacts to coastal
marsh. Due to the importance and function of coastal marsh for fish and wildlife resources the
NCWRC considers the project as proposed to have a significant impact on a resource that can
take years to regenerate naturally. Mitigation for coastal marsh has been unsuccessful and
therefore not offered as an option for this loss per NC Division of Coastal Management rule.
Species currently utilizing this 0.38 -acre marsh will have to find other suitable habitat. Coastal
marshes filter runoff to improve water quality and aquatic habitats, improve shoreline stability,
and provide habitats for numerous terrestrial and avian species. These systems are viewed as
being valuable to a suite of environmental resources.
This proposed project requests to dredge sediment from the headwater system. Dredging will
increase turbidity during material removal and the placement of permanent fill on adjacent
wetlands. These actions directly impact aquatic species in the project area and downstream during
the dredging by impairing respiration as well as lengths of time afterward by removing water
filtering processes and wetland habitats. However, the process of removing woody debris and
alligator weed, like the techniques used in 2012 through a clearing and snagging event or by
spraying, would likely significantly improve flow within the system without the immediate and
long-term permanent impacts to aquatic wildlife species. Additionally, the proposal to dredge the
channel to increase flow should not be expected to be as effective due to the lack of slope and low
elevation of the system. This area has a highwater table, is affected by wind tides, and sits less
than 2' in elevation.
• Matting wetlands during the proposed project would reduce long-term impacts to fish and
wildlife resources. This alternative would allow heavy equipment access to the channel while
removing woody debris and alligator weed and would be considered a temporary impact to
wetland vegetation, hydrology, soil compaction, overall habitat quality.
We appreciate the opportunity to review and comment on this permit application and look forward to
further discussion or additional information as it becomes available. If you need further assistance or
additional information, please contact Maria Dunn at [phone] or at maria.dunnkncwildlife.org